Guide to Form

How to fill in your Application for Exemption from Paying Court Fees - financial hardship

Only an individual (i.e. a natural person) can apply for an exemption of a court fee on the basis of financial hardship.

File number

If your application relates to a new proceeding, leave this space blank. Otherwise write the file number for your case in this field.

File name

If your application relates to a new proceeding, leave this space blank. Otherwise write the file name for your case, eg Smith v Commonwealth of Australia, in this field.

Date filed

Leave this blank. Registry staff will write in the date the application was received in the Court Registry.

A   Details of the individual applying for the fee exemption, court and fee type

Question 1

Write your family name (surname) and given names in the spaces provided.

Write the address to which documents for you can be sent and a daytime contact phone number in the space provided.

Write your occupation, the name of any current employer and the work address for any employment in the space provided

Question 2

Cross the appropriate box to show whether the proceedings are being dealt with by the Federal Court or the Federal Circuit Court.

Cross the appropriate box to show whether the fee for which the exemption is sought is a filing fee, setting down fee, hearing fee, mediation fee, fee for taxation of a bill or costs or some other type of fee. More than one box can be crossed if the application relates to more than one fee type (eg setting down fee and hearing fee).

B   Details of income

You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no income relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details.

C   Details of property and assets

You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no property or assets relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details.

D   Details of expenses

You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no expenses relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details.

E   Details of liabilities

You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no liabilities relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details.

F   Additional information

You should provide any other information about your financial position which you believe will help the Judicial Registrar or authorised officer decide your application for reduced fees on the basis of financial hardship. Attach an extra page or pages if you need more space for any of the details.

G   Affidavit

The affidavit must be signed by you in the presence of a qualified witness (eg Justice of the Peace or lawyer). The affidavit must be either sworn (ie confirmed as true by reference to the God of your religion [if any]) or affirmed (ie confirmed as true) in the presence of the witness. You should show if it was sworn or affirmed by deleting the incorrect one both in the first line of the affidavit and at its end above the box for the place and date of swearing/affirming.

The date and place of swearing/affirming must be completed and the witness must sign. The witness must also write his or her full name in the space provided and show the capacity held which qualifies them to take your oath or affirmation (eg Justice of the Peace).

You should read the affidavit carefully before you swear/affirm it. By swearing/affirming the affidavit you are stating that, to the best of your knowledge and belief, the information you have provided in the form or attached to it is true, accurate and complete. You also acknowledge that you are aware that it is an offence to provide information or a document which is false or misleading. Any person who knowingly makes an untrue representation or statement to obtain a benefit or advantage from the Commonwealth is guilty of an offence and, if found guilty, can be fined or imprisoned. You also acknowledge that if at any time while the Court is dealing with your case your circumstances change to alter the information given in your application, you will notify the Court Registry.

If you are blind, cannot read or do not speak or read English the document will need to be read out to you or translated into the language you speak by an interpreter. If this applies to you, an additional affidavit will be required from the person who will read the document out to you or translate it into your language. Contact the Court Registry for information about requirements for this additional affidavit.

H   Further information

The Judicial Registrar/Authorised Officer who consider your application may ask you to provide additional information or documentary evidence to support your claims. If so, your application will be returned to you with instructions in the "Notice of Request for More Information" section on page 5.

Updated April 2013